New Jersey’s DUI/DWI laws impose steep penalties for driving under the influence.
New Jersey DUI law
Driving under the influence (DUI) is an offense in many states, and New Jersey is not an exception. Just like Washington, New Jersey has several laws to address the issue of DUI/DWI. This comes as a result of several lawbreakers when it comes to DUI/DWI. In New Jersey, DUI/DWI is not only a crime but also a traffic offense. Something unique about New Jersey is the fact that the minimum age for drivers is 21. The charges for breaking DUI/DWI are found in New Jersey Motor Vehicle Code section a) 39:4-50. This section provides ground under which one might be convicted. DUI/DWI in New Jersey is taken as one thing. This means that Driving Under Influence (DUI) is treated the same way as Driving While Intoxicated (DWI).
However, penalties for drunk driving in New Jersey can be determined after the results of the Blood Alcohol Content (BAC) test. For instance, when Blood Alcohol Content (BAC) test blood is 0.08 percent, this can land one in prison for some time. When the rate strengthens to 0.10, the NJ DUI penalties are different. One may be severely charged when the (BAC) is at 0.15 percent. All drivers in New Jersey are required to do a breathalyzer test. These breathalyzer rules are under the “Implied Consent” law. This means that when they are pulled over by the traffic police officer, apart from taking a Blood Alcohol Content, they also take a breathalyzer. New Jersey has a number of these steep DWI penalties. Thus, if you reside in the state, below are some of the things to consider;
- Make sure that your Blood Alcohol Content (BAC) does not go beyond 0.08 percent because you might find yourself spending several days in jail, roughly 27 to 30 days. However, you can still pay some fines.
- If you are in New Jersey, make sure that it’s not your second time getting caught for breaking NJ DUI/DWI laws because this is an offense that will put one behind bars for around three months.
- Getting caught for the third time in a year will cost you a license suspension for at least eight years.
In addition to the above penalties, there exist some other scenarios that can land one in a worse situation. Some of these scenarios include;
- Having minors in your vehicle at the time you were pulled over for the (BAC) test. This one can lead to severe and harsh punishment.
- Being pulled over for DUI/DWI in a school zone makes the situation to be more complex.
- For someone who has caused an accident, the penalties get tougher.
Upon conviction, there is no way one can reverse the decision made by the judge. However, one can consult the New Jersey attorney. Above all, there exists some order of how the officer should treat the suspect. They should have a good reasoning base to ask you to pull over. This implies that the officer should have noted something reasonable to him/her before asking you to pull over. Some of the reasonable grounds that can make one pull over are careless driving and over speeding. The officer should inform the driver why he is asking him to pull over.
Those caught on the wrong side of the New Jersey law on DUI/DWI happen to have a solution of putting themselves in situations where they can avoid New Jersey DUI penalties. Some try to get rid of the evidence of the BAC test. This means that the prosecutors do not have hard evidence when asked for proof. Others go to the extent of having fake BAC tests so that later they can disapprove of the results. However, with all these schemes of avoiding all forms of punishment, New Jersey’s motor vehicle code is doing an incredible job by coming up with laws to terminate reckless driving which results from driving under influence. With the introduction of these DUI laws, the state saw a decrease in accidents.
New Jersey’s drunken-driving laws took effect on Dec 1, 2019. Under these laws, drunken-driving is a serious offense which can lead to jail time. If you or your loved one has been charged with a DWI traffic offense, it is important that you contact a professional and qualified attorney.